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Consumer Product Safety Act
15 U.S.C. Section 2055
§ 2055. Public disclosure of information
(a) Disclosure requirements for manufacturers or private labelers;
procedures applicable
(1) Nothing contained in this Act shall be construed to require the
release of any information described by subsection (b) of section 552 of title 5 or which is
otherwise protected by law from disclosure to the public.
(2) All information reported to or otherwise obtained by the
Commission or its representative under this Act which information contains or relates to a
trade secret or other matter referred to in section 1905 of title 18 or subject to
section 552(b)(4) of title 5
shall be considered confidential and shall not be disclosed.
(3) The Commission shall, prior to the disclosure of any information
which will permit the public to ascertain readily the identity of a manufacturer or
private labeler of a consumer product, offer such manufacturer or private labeler an
opportunity to mark such information as confidential and therefore barred from disclosure
under paragraph (2).
(4) All information that a manufacturer or private labeler has
marked to be confidential and barred from disclosure under paragraph (2), either at the
time of submission or pursuant to paragraph (3), shall not be disclosed, except in
accordance with the procedures established in paragraphs (5) and (6).
(5) If the Commission determines that a document marked as
confidential by a manufacturer or private labeler to be barred from disclosure under
paragraph (2) may be disclosed because it is not confidential information as provided in
paragraph (2), the Commission shall notify such person in writing that the Commission
intends to disclose such document at a date not less than 10 days after the date of
receipt of notification.
(6) Any person receiving such notification may, if he believes such
disclosure is barred by paragraph (2), before the date set for release of the document,
bring an action in the district court of the United States in the district in which the
complainant resides, or has his principal place or business, or in which the documents are
located, or in the United States District Court for the District of Columbia to restrain
disclosure of the document. Any person receiving such notification may file with the
appropriate district court or court of appeals of the United States, as appropriate, an
application for a stay of disclosure. The documents shall not be disclosed until the court
has ruled on the application for a stay.
(7) Nothing in this Act shall authorize the withholding of
information by the Commission or any officer or employee under its control from the duly
authorized committees or subcommittees of the Congress, and the provisions of paragraphs
(2) through (6) shall not apply to such disclosures, except that the Commission shall
immediately notify the manufacturer or private labeler of any such request for information
designated as confidential by the manufacturer or private labeler.
(8) The provisions of paragraphs (2) through (6) shall not prohibit
the disclosure of information to other officers, employees, or representatives of the
Commission (including contractors) concerned with carrying out this Act or when relevant
in any administrative proceeding under this Act or in judicial proceedings to which the
Commission is a party. Any disclosure of relevant information:
(A) in Commission administrative proceedings or in judicial
proceedings to which the Commission is a party, or
(B) to representatives of the Commission (including contractors),
shall be governed by the rules of the Commission (including in camera review rules for
confidential material) for such proceedings or for disclosures to such representatives or
by court rules or orders, except that the rules of the Commission shall not be amended in
a manner inconsistent with the purposes of this section.
(b) Additional disclosure requirements for manufacturers or private
labelers; procedures applicable
(1) Except as provided by paragraph (4) of this subsection, not less
than 30 days prior to its public disclosure of any information obtained under this Act, or
to be disclosed to the public in connection therewith (unless the Commission finds that
the public health and safety requires a lesser period of notice and publishes such a
finding in the Federal Register), the Commission shall, to the extent practicable, notify
and provide a summary of the information to, each manufacturer or private labeler of any
consumer product to which such information pertains, if the manner in which such consumer
product is to be designated or described in such information will permit the public to
ascertain readily the identity of such manufacturer or private labeler, and shall provide
such manufacturer or private labeler with a reasonable opportunity to submit comments to
the Commission in regard to such information. The Commission shall take reasonable steps
to assure, prior to its public disclosure thereof, that information from which the
identity of such manufacturer or private labeler may be readily ascertained is accurate,
and that such disclosure is fair in the circumstances and reasonably related to
effectuating the purposes of this Act. In disclosing any information under this
subsection, the Commission may, and upon the request of the manufacturer or private
labeler shall, include with the disclosure any comments or other information or a summary
thereof submitted by such manufacturer or private labeler to the extent permitted by and
subject to the requirements of this section.
(2) If the Commission determines that a document claimed to be
inaccurate by a manufacturer or private labeler under paragraph (1) should be disclosed
because the Commission believes it has complied with paragraph (1), the Commission shall
notify the manufacturer or private labeler that the Commission intends to disclose such
document at a date not less than 10 days after the date of the receipt of notification.
The Commission may provide a lesser period of notice of intent to disclose if the
Commission finds that the public health and safety requires a lesser period of notice and
publishes such finding in the Federal Register.
(3) Prior to the date set for release of the document, the
manufacturer or private labeler receiving the notice described in paragraph (2) may bring
an action in the district court of the United States in the district in which the
complainant resides, or has his principal place of business, or in which the documents are
located or in the United States District Court for the District of Columbia to enjoin
disclosure of the document. The district court may enjoin such disclosure if the
Commission has failed to take the reasonable steps prescribed in paragraph (1).
(4) Paragraphs (1) through (3) of this subsection shall not apply to
the public disclosure of (A) information about any consumer product with respect to which
product the Commission has filed an action under section 2061 of this title (relating to
imminently hazardous products), or which the Commission has reasonable cause to believe is
in violation of section 2068
of this title (relating to prohibited acts); or (B) information in the course of or
concerning a rulemaking proceeding (which shall commence upon the publication of an
advance notice of proposed rulemaking or a notice of proposed rulemaking), an adjudicatory
proceeding (which shall commence upon the issuance of a complaint) or other administrative
or judicial proceeding under this Act.
(5) In addition to the requirements of paragraph (1), the Commission
shall not disclose to the public information submitted pursuant to section 2064(b) of this title
respecting a consumer product unless:
(A) the Commission has issued a complaint under section 2064(c) or (d) of this title
alleging that such product presents a substantial product hazard;
(B) in lieu of proceeding against such product under section 2064(c) or (d) of this title,
the Commission has accepted in writing a remedial settlement agreement dealing with such
product; or
(C) the person who submitted the information under section 2064(b) of this title agrees to
its public disclosure. The provisions of this paragraph shall not apply to the public
disclosure of information with respect to a consumer product which is the subject of an
action brought under section 2061
of this title, or which the Commission has reasonable cause to believe is in violation of
section 2068(a) of this
title, or information in the course of or concerning a judicial proceeding.
(6) Where the Commission initiates the public disclosure of
information that reflects on the safety of a consumer product or class of consumer
products, whether or not such information would enable the public to ascertain readily the
identity of a manufacturer or private labeler, the Commission shall establish procedures
designed to ensure that such information is accurate and not misleading.
(7) If the Commission finds that, in the administration of this Act,
it has made public disclosure of inaccurate or misleading information which reflects
adversely upon the safety of any consumer product or class of consumer products, or the
practices of any manufacturer, private labeler, distributor, or retailer of consumer
products, it shall, in a manner equivalent to that in which such disclosure was made, take
reasonable steps to publish a retraction of such inaccurate or misleading information.
(8) If, after the commencement of a rulemaking or the initiation of
an adjudicatory proceeding, the Commission decides to terminate the proceeding before
taking final action, the Commission shall, in a manner equivalent to that in which such
commencement or initiation was publicized, take reasonable steps to make known the
decision to terminate.
(c) Communications with manufacturers
The Commission shall communicate to each manufacturer of a consumer
product, insofar as may be practicable, information as to any significant risk of injury
associated with such product.
(d) "Act" defined; coverage
(1) For purposes of this section, the term "Act" means the
Consumer Product Safety Act (15 U.S.C. 2051 et seq.), the Flammable Fabrics Act (15 U.S.C.
1191 et seq.), the Poison Prevention Packaging Act (15 U.S.C. 1471 et seq.), and the
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.).
(2) The provisions of this section shall apply whenever information
is to be disclosed by the Commission, any member of the Commission, or any employee,
agent, or representative of the Commission in an official capacity.
(e) Disclosure of information regarding civil actions involving
consumer product alleged to have caused death or injury
(1) Notwithstanding the provisions of section 552 of title 5, subsection (a)(7)
of this section, or of any other law, except as provided in paragraphs (2), (3), and (4),
no member of the Commission, no officer or employee of the Commission, and no officer or
employee of the Department of Justice may:
(A) publicly disclose information furnished under subsection (c)(1)
or (c)(2)(A) of section 2084
of this title;
(B) use such information for any purpose other than to carry out the
Commission's responsibilities; or
(C) permit anyone (other than the members, officers, and employees
of the Commission or officers or employees of the Department of Justice who require such
information for an action filed on behalf of the Commission) to examine such information.
(2) Any report furnished under subsection (c)(1) or (c)(2)(A) of
section 2084 of this title
shall be immune from legal process and shall not be subject to subpoena or other discovery
in any civil action in a State or Federal court or in any administrative proceeding,
except in an action against such manufacturer under section 2069, 2070, or 2071 of this title for failure
to furnish information required by section 2084 of this title.
(3) The Commission may, upon written request, furnish to any
manufacturer or to the authorized agent of such manufacturer authenticated copies of
reports furnished by or on behalf of such manufacturer in accordance with section 2084 of this title, upon
payment of the actual or estimated cost of searching the records and furnishing such
copies.
(4) Upon written request of the Chairman or Ranking Minority Member
of the Committee on Commerce, Science, and Transportation of the Senate or the Committee
on Energy and Commerce of the House of Representatives or any subcommittee of such
committee, the Commission shall provide to the Chairman or Ranking Minority Member any
information furnished to the Commission under section 2084 of this title for purposes
that are related to the jurisdiction of such committee or subcommittee.
(5) Any officer or employee of the Commission or other officer or
employee of the Federal Government who receives information provided under section 2084 of this title, who
willfully violates the requirements of this subsection shall be subject to dismissal or
other appropriate disciplinary action consistent with procedures and requirements
established by the Office of Personnel Management.
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